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What to Do if Your Personal Injury Claim Was Denied?


Suffering an injury is always a distressing experience, but even more so when your injury is the result of someone else’s negligence. When this happens, you may be entitled to compensation by filing a personal injury claim.

However, if your claim is denied, it can feel like a major setback. Fortunately, there are steps you can take to fight the denial of your claim and ensure that you get the compensation you need. Our Fulton County personal injury lawyers at Hawkins Spizman Trial Lawyers can help you understand your best course of action if your claim was denied.

5 Common Reasons Why Personal Injury Claims Are Denied

Before we discuss what steps you should take if your personal injury claim is denied, let’s take a look at some of the common reasons why this happens:

  1. Limited insurance coverage. If the at-fault party’s insurance policy has exhausted its limits, or if they have no insurance, there may not be enough coverage to pay for your damages.
  2. Lack of evidence. If you do not have enough evidence to prove that the other party was negligent and caused your injuries, your claim may be denied.
  3. Contributory negligence. If you share some degree of fault in causing your injuries, your claim may be denied, or your compensation may be reduced.
  4. Statute of limitations. If you wait too long to file your claim, you may be barred from seeking compensation. Under O.C.G.A. § 9-3-33, personal injury claims must be brought within two years from the date of injury.
  5. Inaccurate or incomplete documentation. If your medical records or other relevant documents are incomplete or inaccurate, your claim may be denied.

Typically, the insurer will send a denial letter in which it specifies the reason for the denial.

The Step-by-Step Guide to Dealing with a Denial of Your Personal Injury Claim

If your personal injury claim is denied, here are the steps you should take:

  • Understand the reason for denial. Read the denial letter carefully and try to understand the reasons provided by the insurance company.
  • Get legal counsel. It is always a good idea to consult with a lawyer to get their opinion on your case.
  • Request an appeal. If you believe that the denial was unfair, you can request an appeal through the insurance company’s internal process.
  • File a lawsuit. If the insurance company refuses to reconsider your claim, the next step is to file a lawsuit against the at-fault party and/or the insurer.
  • Hire a personal injury lawyer. A qualified personal injury lawyer can guide you through the entire process and help you get the compensation you deserve.

Our lawyers at Hawkins Spizman Trial Lawyers can help you take the necessary steps to appeal a denied claim and ensure that you get the compensation you deserve.

How a Personal Injury Lawyer Can Help

A personal injury lawyer can help you in the following ways:

  • Legal representation. A lawyer can represent you in court and fight for your rights.
  • Explaining the law. They can help you understand the legal aspects associated with your case and the laws that apply to your situation.
  • Gathering evidence. Gathering evidence is crucial in establishing negligence on the part of the at-fault party. An experienced lawyer will have the knowledge and resources to obtain the necessary evidence.
  • Negotiating with insurance companies. A lawyer can help negotiate with the insurance company to ensure that you receive a fair settlement.
  • Maximizing your compensation. With their experience and knowledge, a lawyer can help maximize your compensation by including all possible damages and losses in your claim.

Reach out to Hawkins Spizman Trial Lawyers to discuss how our lawyers may be able to help you.

Get a Case Review

Having your personal injury claim denied is a frustrating experience, but it is not over yet. You might want to hire a personal injury lawyer to represent your case and get the best possible outcome. With the right guidance and support, you can ensure that your rights are protected.

Get a free case review from our lawyers at Hawkins Spizman Trial Lawyers. We represent injured parties throughout Georgia, including Fulton County, Cobb County, Gwinnett County, Johns Creek, Dunwoody, Sandy Springs, Atlanta, and Alpharetta. Call 770-685-6400.

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